Landlord Rights & Nonpayment of Rent

by Carrie Ferland

Arguably, one of the most important rights to which a landlord is entitled is the right to receive rental payments in exchange for leasing his property. When a tenant fails to pay rent, the landlord still holds a valid, legal claim to the full amount -- even if the tenant chooses to move out before the lease expires. If a tenant refuses to pay rent, but continues living on the property, the landlord may also evict the tenant without compromising his claim to any rent the tenant failed to pay prior to leaving.

Collecting Rent

Landlords have a reasonable expectation to receive the full amount of the rent owed on or before the date the rent is due, as defined by the lease agreement. If there is no written or oral lease agreement, then the landlord is entitled to the amount the tenant has been paying since first moving in. If there is both a verbal and a written lease, the rental terms of the most recently mutually agreed-upon lease prevails.

Late Fees &amp; Penalties

A landlord may charge the tenant late fees, interest and other penalties for failing to pay the rent on time. However, the lease agreement must define these penalties and the tenant must have previously agreed to the lease terms. Most states typically require a landlord to provide the tenant with written notification of the late fee within 24 to 72 hours of the missed rental payment. Some states, such as New Jersey and Connecticut, also restrict the amount a landlord may charge for late fees and interest, regardless of the amounts defined within the lease agreement.

Eviction

If a tenant skips consecutive rental payments, the landlord may evict her for failure to pay rent. Landlord/tenancy laws governing how long a landlord must wait before evicting vary from state to state, but most states allow landlords to initiate the eviction process after three consecutive months of missed payments. Additionally, almost every state requires landlords to afford their tenants an opportunity to repay the full amount of overdue rent by serving a conditional Notice to Quit prior to initiating an eviction. If the tenant fails to pay the back-owed rent in full by a specified date -- typically, within 30 days of receiving the notice -- the landlord may initiate the eviction process in court.

Back-Owed Rent

Even if a landlord successfully evicts a tenant for nonpayment of rent, she is still entitled to the full amount of the tenant’s back-owed rent, including any interest, late fees or other penalties defined by the lease. In most cases, landlords may also claim attorneys’ fees, court costs and other expenses related to the eviction. However, the landlord is not entitled to future rental payments, as she would be if the tenant voluntarily terminated the lease early and without cause.

Exceptions

Certain circumstances may limit a landlord’s claim to unpaid rent and other expenses. If the tenant withheld rent due to a significant problem within the rental unit, which the landlord refused or otherwise failed to repair, the tenant may pay for the cost of repairing the problem herself and deduct the full amount from the rent. Tenants who terminate the lease early due to inhabitability or safety issues with the unit are also exempt from liability. In these matters, the landlord is not entitled to back-owed rent and has no claim to any damages or other costs arising from the tenant‘s nonpayment of rent.

About the Author

Carrie Ferland is a practicing civil litigation defense attorney in the Philadelphia Area. As an author, her work has been featured in various legal publications for over 10 years. Ferland is a 2000 graduate of Pennsylvania State University and completed her Juris Doctorate and Master of Business Administration with the Dickinson School of Law. She is currently pursuing a Doctor of Philosophy in English.

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